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Canada Grain Act (R.S.C., 1985, c. G-10)

Full Document:  

Act current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

PART IVElevators and Grain Dealers and the Handling of Grain by Licensees and Other Persons (continued)

Terminal Elevators (continued)

Marginal note:Failure to weigh

 If an operator of a licensed terminal elevator does not comply with subsection 69.1(1) or (2), the person who caused the grain to be delivered may, for the purpose of settling any transaction between that person and the operator in relation to the grain, rely on any record or document that states the weight of that grain before he or she caused it to be delivered.

  • 2012, c. 31, s. 369

Marginal note:Inspection by operator

  •  (1) Subject to subsection (2), and unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall inspect the grain received into the elevator in a manner authorized by the Commission.

  • Marginal note:Inspection by third party

    (2) Unless exempted by regulation or by order of the Commission, the operator shall cause the grain to be inspected by a third party authorized by the Commission and chosen by the operator, if the person who caused the grain to be delivered so requests.

  • Marginal note:Third party authorized

    (3) The third party shall inspect the grain in a manner authorized by the Commission.

  • Marginal note:Access

    (4) The operator shall provide the third party with access to the operator’s premises to permit the third party to inspect the grain.

  • Marginal note:Disagreement — application for reinspection

    (5) If there is any disagreement following an inspection under this section between the operator and the person who caused the grain to be delivered as to the grain’s grade or the dockage, either of them may, in the prescribed manner and within the prescribed time, apply to the chief grain inspector for Canada for a reinspection of the grain. If an application is made, the operator shall forward all samples of grain taken as part of the inspection, or a prescribed portion of them, to the chief grain inspector for Canada within the prescribed time.

  • Marginal note:Reinspection

    (6) The chief grain inspector for Canada shall examine the samples of grain, or the portion of them, assign a grade to the grain and determine the dockage. The chief grain inspector for Canada shall provide the operator and the person who caused the grain to be delivered with a copy of his or her decision with respect to the grade and dockage.

  • Marginal note:Document revised if grade changed

    (7) If the grade assigned to the grain is different from the grade previously assigned to it, the chief grain inspector for Canada shall require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.

  • Marginal note:Application to entire parcel of grain

    (8) The decision of the chief grain inspector for Canada applies to the entire parcel of grain to which the samples relate.

  • Marginal note:Determination final

    (9) The decision of the chief grain inspector for Canada is final and conclusive and not subject to appeal to or review by any court.

  • Marginal note:Delegation

    (10) The chief grain inspector for Canada may delegate all or part of the duties and functions conferred on him or her under this section.

  • R.S., 1985, c. G-10, s. 70
  • 2012, c. 31, s. 369

Marginal note:Failure to inspect

  •  (1) If an operator of a licensed terminal elevator does not comply with subsection 70(1) or (2), the person who caused the grain to be delivered, may apply in writing to the Commission for an order referred to in subsection (4).

  • Marginal note:Samples

    (2) The applicant shall sample the grain in the prescribed manner and include all prescribed samples with his or her application.

  • Marginal note:Period for making application

    (3) The application shall be made to the Commission within 15 days after the day on which the grain is received in the elevator.

  • Marginal note:Commission’s order

    (4) The Commission may, by order,

    • (a) for the purpose of settling any transaction between the applicant and the operator in relation to the grain, declare the grain to be of the highest grade for grain of the kind and class that was delivered; or

    • (b) require that the operator deliver, at his or her own cost, to the applicant grain that has the equivalent characteristics as the grain of the kind and class that was delivered and is of the highest grade for that grain in the same quantity as was delivered.

  • Marginal note:Determination of kind and class

    (5) The order must include the Commission’s determination, based on the samples provided with the application, of the kind and class of the grain delivered and its determination of the characteristics of the grain that the applicant requests and that the Commission considers necessary.

  • Marginal note:Copy of order

    (6) A copy of the order shall be forwarded in accordance with any rules made under subsection 99(2) to each person affected by the order and to any other person that may be specified in those rules.

  • 2012, c. 31, s. 369

Marginal note:Inspection — required by regulation or order

  •  (1) If required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause grain received into the elevator to be weighed or inspected by a third party in the manner specified in the regulation or order or cause it to be officially weighed or officially inspected, or any combination of those weighings and inspections.

  • Marginal note:Third party

    (2) The third party is authorized by the Commission and chosen by the operator.

  • 2012, c. 31, s. 369

Marginal note:Official weighing and inspecting before discharge

  •  (1) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall cause the grain in the elevator — other than grain that is destined for another licensed elevator — to be officially weighed and officially inspected immediately before or during its discharge from the elevator.

  • Marginal note:Weighing and inspecting before discharge

    (2) Unless exempted by regulation or by order of the Commission, an operator of a licensed terminal elevator shall weigh and inspect, in the manner authorized by the Commission, grain in the elevator that is destined for another licensed elevator immediately before or during its discharge from the elevator.

  • Marginal note:Weighing and inspecting by third party

    (3) Unless exempted by regulation or by order of the Commission, the operator of the licensed terminal elevator discharging the grain shall cause it to be weighed or inspected, or both, by a third party authorized by the Commission and chosen by the operator if the operator of the licensed elevator destined to receive the grain so requests.

  • Marginal note:Third party authorized

    (4) The third party shall weigh or inspect the grain, or do both, as the case may be, in a manner authorized by the Commission.

  • Marginal note:Access

    (5) The operator of the licensed terminal elevator discharging the grain shall provide the third party with access to the operator’s premises to permit the third party to weigh or inspect the grain, or do both, as the case may be.

  • 2012, c. 31, s. 369

Marginal note:Accept or refuse to receive grain

  •  (1) If an operator of a licensed terminal elevator discharging grain does not comply with subsection 70.3(2) or (3), the operator of the licensed elevator destined to receive the grain may refuse to receive the grain.

  • Marginal note:Grain received

    (2) If the operator of the licensed elevator destined to receive the grain agrees to receive it, the operator shall weigh the grain, sample it in the prescribed manner and forward all samples to the Commission.

  • Marginal note:Decision

    (3) The Commission shall examine the samples, assign a grade to the grain and determine the dockage. The Commission shall provide the operator of the licensed terminal elevator discharging the grain and the operator of the licensed elevator that agreed to receive that grain with a copy of its decision with respect to the grade and dockage.

  • Marginal note:Application to entire parcel of grain

    (4) The Commission’s decision with respect to the grade and dockage applies to the entire parcel of grain to which the samples relate.

  • 2012, c. 31, s. 369

Marginal note:Period for retaining samples

 An operator of a licensed terminal elevator shall retain for the prescribed period any sample of grain taken as part of an inspection under subsection 70(1) or (2) or section 70.2 or 70.3.

  • 2012, c. 31, s. 369

Marginal note:Dockage removed

 Except as may be authorized or required by regulation or by order of the Commission, an operator of a licensed terminal elevator shall remove from the grain received into the elevator the dockage that is required to be removed by the inspection certificate.

  • 2012, c. 31, s. 369
 
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